Supreme Court Of Canada Dismisses Apotex's Application For Leave To Appeal Macitentan Inducing Infringement Decision

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As previously reported, the Federal Court of Appeal dismissed Apotex's appeal of a decision relating to macitentan (Janssen's OPSUMIT), which found that Apotex would induce infringement of Janssen's patent.
Canada Intellectual Property
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As previously reported, the Federal Court of Appeal dismissed Apotex's appeal of a decision relating to macitentan (Janssen's OPSUMIT), which found that Apotex would induce infringement of Janssen's patent. The patent claims macitentan in combination with a phosphodiesterase type-5 inhibitor (for example, tadalafil) to treat diseases where vasoconstriction is involved, including pulmonary arterial hypertension.

The Federal Court concluded Apotex would induce infringement, based in part on information in Apotex's product monograph, though the product monograph did not include explicit instruction for combination treatment. Apotex filed an application for leave to appeal on January 8, 2024.

On June 6, 2024, the Supreme Court of Canada dismissed Apotex's application for leave to appeal (Docket No. 41087).

Should you have any questions, please do not hesitate to contact a member of the Pharmaceutical Litigation Group.

The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.

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